alexander a former gang member for helping the police officer. you see in life how it all sort of cops back around, straightens it out. good for him. bill: nicely done. martha: leave me alone on monday. bill: we have rehearsals on saturday. only thursday, kiddo. martha: see you tomorrow. "happening now" starts right now. jon: fox news alert happening now on hurricane sandy. that storm already track slamming cuba. we have brand new tracking where the system might head next. it is not good news for those that live in the northeastern united states. janice dean has latest from. extreme weather center. what is going on jd? >> if this track is true it is the worst-case scenario, jon. we have days to go and a lot input into the tracking. look like this storm will be headed for millions of people. it will be a transitioning system. meaning that perfect storm

type scenario. a tropical storm that transitions into an extra tropical storm because of a cold front a very powerful arctic cold front is going to interact with the system and draw it in towards the northeast, a very rare meteorological situation. this could be historic, folks. if you live across the east coast from the mid-atlantic up to maine and eastern canada you need to be paying very, very close attention to your local forecast. still a category 2. we just got of 11:00 advisory. it was a major hurricane overnight t rapidly intensified within hours. look at latest track. category 2 moving through the bahamas. it hugs the coast friday into saturday. look what happens as we head into early next week, the worst-case scenario right now, moving right into millions upon millions of people. and this could cause extensive catastrophic damage. i'm not just standing here

making this stuff up. i want people to really pay attention to this because, again, this could be worst-case scenario. at any rate we're dealing with high seas, rip currents, beach erosion, coastal flooding certainly storm surge as the storm moves onshore. at the exact point or location where it will move onshore still not known yet and exact strength still not known yet. we will see torrential rain, flooding inland. high winds, 60, to 80 miles an hour. significant power outages that could last for weeks and millions of people. downed trees, jon. we still have foal yauge on the trees. winds in excess of 60, 70, 80 miles an hour will cause extensive, extensive damage. i want to show you one of our reliable forecast models. it is really becoming apparent we'll be dealing with a system that will come onshore. again anywhere from the mid-atlantic toward maine, need to be paying attention.

but, jon, our mouths dropped at the latest tracking that shows this system going right into new york city. obviously, you know, got days ahead to really hone in and get this forecast right. people need to be paying attention. we do think that this storm will come onshore and it will cause a lot of damage. jon: it's a big, broad storm too. even as it skirts up the coast it will dump a lot of wind and rain on people. >> because it is transitioning, you know the movie, the perfect storm? it is a transitioning storm from tropical to extra tropical. that means wind span will be greater. tropical storm force wind extending 300, 400 miles from the center of the storm. it will be a battering, battering storm, affecting the largest city in the nation. jon: wow, janice deans thank you. i know you will have more throughout the hour. thank you, janice. >> you bet. jon: brand new stories and breaking news. jenna: on breaking e-mails

about the benghazi terror attacks. now the deadly assault may have not been an isolated incident. breaking developments. we'll talk live with former defense secretary donald rumsfeld. plus a new candidate for hope and change? mitt romney taking on a new tact. will that be enough to put him over the top before election day? and a massive manhunt after a deadly shooting. why one family was targeted as police search for the gunman at a motive. it is all "happening now." jenna: a lot of news to get to today, brand new polling, key numbers on the economy just coming out, plus swinging through the swing states as the race for the white house enters the final stretch. we're glad you're with us, everybody. i'm jenna lee. jon: i'm jon scott. we're live at the white house with just 12 days to go before election day, the battle for the presidency focuses on battleground state. both candidates launching

all-outcome pain blitz. right now, president obama on route to virginia after stumping in another crucial swing state, florida. meantime governor romney is in the all-important swing state of ohio where right now he is holding a rally in cincinnati. and we have our eye on the economy as well. a very big issue in the race with the dow this week posting one of the worst drops so far this year. now, stocks are reacting to the brand new jobless numbers. and they show a drop in the weekly unemployment applications. the number of claims falling by 23,000 from last week. this as we get some new numbers on a key voting bloc. the latest poll showing governor romney erasing the gender gap. pulling even when it comes to women. tied at 47% apiece. this after governor romney lagged 16 points behind president obama just a month ago. joining us now, erin mcpike, national political reporter for "real clear politics". a lot of people are saying, erin, it revolves around the economy. that women have taken a look

at the pocketbook issues and they have decided that, mitt romney's approach appeals to them. >> reporter: that's part of it, but also, jon, in mitt romney's performances in all of these debates over this past month, mitt romney made himself a lot more likable and a lot more empathetic on economic issues and that is the reason women are starting to come back to him. they're seeing he is not the caricature that the obama campaign made of him over the last few months and a lot of these battleground states through their campaign ads. jon: yeah, all of those negative campaign ads that have been running about mitt romney really since spring, had an effect, but it was an effect that was easily dashed. >> reporter: it was. now the obama campaign wants the gap to go back up. you see the obama campaign racing to tie mitt romney to richard mourdock, the republican senate candidate in indiana for controversial comments he made two nights ago about rape and abortion.

they want women to see republicans and mitt romney are very conservative when it comes to social issues and women can't trust them. they're trying to get back to social issues kind of narrative as opposed to just economics. jon: but do economics trump all when it comes to that sort of thing? >> reporter: that's absolutely right. and so the romney campaign is not talking about this very much. they want to stick to the economic narratives because they think they have got an edge there. now i have talked to the obama campaign about women in ohio and they're a little concerned they're not doing as well among married women in ohio. they need every little edge that they can get, but that is when i think they're starting to lose ground in ohio to mitt romney. jon: speaking of concerns about not doing well, president obama was asked about that this in an interview with brian williams of nbc. let's play that clip. >> after excitement of '08, given the power of incumbency you've got bin laden you did not expect to be sitting on a more substantial race than we are

as we sit here today? >> no, brian. you guys have short memories. folks in your business were writing me off a year ago, saying there is no way i would win. so, yeah, these things go in ebbs and flows. jon: worth pointing out the president himself said he would be a one term president if he didn't get unemployment rate down and unemployment is still a big problem in this country. your reaction to those thoughts from the president, erin? >> reporter: well the obama campaign has said it is always going to be tight but of course the romney campaign thinks it will be tight too. i think both campaigns think they have the edge right now. they're both trying to project confidence. we're really in very tight race right now, the president is right about that. jon: erin mcpike from "real clear politics" in cincinnati ohio. erin, thank you. jenna: new information now on the deadly terror attack on the u.s. consulate in libya that killed four americans as a series of e-mails come out showing how much the obama

administration knew about this deadly attack in benghazi and how soon those in power knew it. fox news told the assault on the consulate may not be isolated incident. chief correspondent catherine herridge is live in washington with more. what do we mean by that, catherine? >> reporter: head of the house intelligence committee tells fox news he believes the second attack on the u.s. embassy in tunisia on september 14th was the work of ansar al-sharia, the same islamist group blamed for benghazi. three days after ambassador stevens and four other americans were murdered in libya the u.s. embassy in tunisia was ransacked by protesters, smashing windows and throwing rocks and lighting fires. the american school in tunis was also targeted. >> same organization. so might not have been the same people involved but same organization. clearly they decided to try to take advantage of the momentum of 9/11. clearly that was their case. and they had moderate success. >> reporter: also this morning republican senator john mccain saying that

secretary of state hillary clinton has damaged her reputation by those initial statements about the video and her role in this scandal. >> i have always admired secretary clinton and frankly i'm, i'm really a little bit saddened because she is really harming her reputation by engaging in this incredible cover-up, throwing herself under the bus. a couple of times she's done that. >> reporter: also facing growing scrutiny are the cia director david petraeus there on the right and the director of national intelligence, james clapper, the nation's senior intelligence officials and their assessments that blame the anti-islam video. >> that to me is, beyond anything that i have ever imagined of these two individuals and their agencies. >> reporter: u.s. intelligence official has previously told fox there is evidence the militants in benghazi saw the overrunning of the u.s. embassy in cairo

that was allegedly prompted by this film and this inspired them to act in benghazi. but the senator's point is that he has not seen one piece of intelligence that shows there was even a demonstration in benghazi. therefore, the idea that it was a demonstration that seemed to spin out of control. there is no factual basis for that, jenna. jenna: more on the story throughout the day today. kat thin, thank you. >> reporter: you're welcome. jon: the colorado movie mass cure case is back in court. why attorneys for james holmes are going before a judge. plus more questions about this nation's response to the deadly terror attack in benghazi, militarily and otherwise. some charging the media response was too little, too late. was that fair? coming up former defense secretary donald rumsfeld weighs in on that and much more. he is next. cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time...

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jon: right now, new information on some crime stories we're keeping an eye on. illinois police are looking for the public's help to find a woman who hasn't been

seen since monday. katrina smith's husband reported to police she left home to do an errand and never returned. multiple shooting targeting members of the same family. california police say two people were killed and three injured when a gunman fired at a business and nearby home where the owner's family lived. attorneys on the colorado murder mass cure case were in court hammering out schedule problems. today's meeting was to possibly discuss to delay a preliminary hearing for shooting suspect james holmes but his defense lawyers asked for more time to prepare. jenna: a lot of new information coming in on the deadly terror attack in libya. right now the u.s. response is being questioned as well as the way forward. joining us now, secretary donald rumsfeld the former secretary of defense under president george w. bush. secretary rumsfeld, nice to have you with us today. >> thank you, jenna. jenna: we knew in libya there were many different departments at work. it wasn't just the defense

department, the state department, and other agencies and the like. if you were leon panetta today, you're the defense secretary today, what is the way forward and what is the role of the military if any? >> well, first responsibility obviously is the department of state has to see that there's appropriate security at an embassy. now you can't always be right. but in this case, it was a serious mistake, not to respond properly to the requests for additional security and the proof of that of course is, we had four americans including the ambassador killed. the department of defense does not make those decisions. what it does is, it responds to requests from the department of state and to requests from the white house and the national security council and the president. and, i know that the department of defense has capabilities and they ever the ability to position them in various locations so that they can be able to respond within reasonable periods of

time. but what has to be decided is through the department of state and through the secretary of state, hillary clinton, what kind of requests for embassy support are going to be issued and made to the department of defense and the president. jenna: it sounds like a bureaucratic mess trying to coordinate all that. >> not, not at all. no, not not at all. jenna: post 9/11 though, was that the different departments weren't communicating enough with each other and weren't on the same page and therefore weren't properly able to anticipate an attack. are we in that area now? because many americans are wondering, are we going to respond appropriately to terror attacks abroad or at home? >> well, first of all i don't think i agree with your as sisment on 9/11 and you didn't mention the intelligence community and what we had there we had an intelligence failure. in this case i do not believe there was intelligence failure and i don't think anyone trying to throw the intelligence

community under the because of what happened in benghazi makes any sense and i say that there clearly were requests for additional security by the u.s. ambassador and they were knot responded to in a manner that provided sufficient security, to protect the four people that were killed. now, going forward, i don't think it is bureaucratic mess at all. you have to have one department in charge of providing security for embassies and that is the department of state by law. jenna: all the onus here in this situation happening the way that it did fall on the state department? >> well i would first place the onus on the terrorists who killed our people. but the reality is, we knew that september 11th was coming up. everyone knew that that date was an opportunity for people to attempt to engage in additional terrorist acts. for the administration to contend, for days and days and days afterwards that it had something to do with a youtube video, that no one

had seen, was nonsensical. to send out the u.n. ambassador and to try to make that case. now going forward, as you asked, i think it is a good question. and i am confident that going forward the white house and the president and the secretary of state will do a better job in responding to requests for security so we at least will be able to try to provide sufficient security so our people don't get killed. jenna: why are you confident in that? >> well, because, after something like this happens people don't want it to happen again. and my, i suspect what they will do, they will review all of the embassy situations around that part of the world and ask the question, do you have enough security? and, make sure they do. now, obviously we didn't. before the fact. jenna: we're going to talk a little bit more again on the way ahead. you said in the past that weakness is provocative and some people have suggested that our response thus far

has been a response that reflects weakness. i would like to get your opinion on that in just a moment. we'll have to take a quick commercial break. more with secretary rumsfeld on the attack on u.s. consulate in libya. more on a story we brought you yesterday. the church shooting breaking on our news. we have the latest developments coming up on "happening now" two years ago, the people of bp made a commitment to the gulf.

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jenna: "happening now" we're talking with former secretary of defense donald rumsfeld about the military's response and the way forward in libya among other things. secretary up rumsfeld, as we were talking before the break, as you said in the past weakness is provocative and our handling of the situation in libya from the attack on as weak and provoking those who want to do us harm.

others said we have to be very careful what we do in how we handle the situation because there are people in libya that are our friend and libya could become a big ally for us. how do we navigate these tensions? >> well it is not easy to be sure and that's an important question. i think the way to think of it is, that, the united states, through my adult life, which is a long time, has contributed to a more peaceful and stable world because we have managed our economy in a responsible way and the world looked at us and saw that we were going to be able to make a contribution in the world and we've had a strong military. and, once people say a signal going out that we lack that we're weaker and managing our economy like europe which is failed model and they're talking about cutting a trillion dollars out of the defense budget over the next decade. once people see that it creates a vacuum. that weakness, posture of apologizing or withdrawing

or pulling back or diminishing our role encourages other people to fill that vacuum. nature abhor as vacuum and people that will fill that vacuum are people that do not have our values and do not have our interests. i have no doubt that is the case. that is what is is taking place in the world today. jenna: you're the guy responsible for shock and awe, right, in baghdad. we'll go in tough, we'll go in strong. in this situation here in libya have we missed an opportunity because no one has been brought to justice? >> well that's hard to do. i don't fault the administration not being able to find out -- we know the organization that has taken credit for the attack against our embassy and the same organization is taking credit for attacks in other countries like tunisia but to be able to find them in a short period of time i think is asking a lot and i do not feel that's weakness. what, what is weak is our general posture, our pattern,

as an administration and as a country over, recent years of suggesting that we should lead from behind. suggesting that we don't, we want to have others fill that vacuum. because we're not going to like the countries that fill that vacuum because we won't have our values or our interests. it will be a less safe and less stable world because of that. jenna: you mentioned a couple things including defense spending and how to engage here. how do we, show strength and also show a certain level of sophistication how we're handling our enemies. you've talked about us losing the war of ideas. i would like to bring that up because ideas are free, right? they don't cost a lot of money. you said we are losing this war of ideas against the ideology of people that want to do us harm. so why can't we do a better job? how do we do a better job on that when it is something that is free and that could help protect our country? >> well i think that's a central question. is the struggle against

radical islamist more like world war i or world war ii or korea or vietnam or is it more like the cold war? i would submit it is much more like the cold war. it is idealogical battle and to prevail in that, we have to be persistent. we have to engage in the battle of ideas as you suggest. how do you do that? well, it's not easy, but what you do, first of all you decide who the enemy is. the enemy is radical islamists who are willing to go out and kill innocent men, women and children because they want to impose their views on the rest of the world. they're attacking the entire concept of nation states. now how do you deal with that? the first thing you have to do is say who the enemy is and this administration is totally unwilling to keen use the phrase, islamists, and they go testify before congress. they call the fort hood attack, workplace violence. they come up with all of these characterizations that dodge what in fact is going

on in the world. and we need to find allies and friends and supporters around the globe who are going to help us reduce the number of people who are recruited to obama islamists terrorists. we'll have to reduce the number of people who are providing money to support them and we will have to reduce the number of countries that are hospitable to terrorist organizations around the globe. jenna: secretary rumsfeld, we go to libya then. in that situation didn't that provieweds an opportunity to do just what you said? you said it was difficult to find these people, to call them out and put them in front of the world and say these are the ones that did us harm and we're not going to take that. you just said it will be difficult, it will take time. so how do you apply what you just said to the libya situation that might have been an opportunity for us to do that? >> well it is still an opportunity. the fact that the administration can't find precisely who engaged in the attack on our consulate in benghazi seems to me, is, not surprising. i mean it is a big country.

and you have to take time and you have to have good intelligence and the way you do that is by working with people on the ground in that country who are friendly and who are not islamists and not terrorists. and you get intelligence information from them and that is what is going to have to be done. i suspect that is what the intelligence community is currently doing. and i suspect that over time we very likely will in fact be able to come to closure, as to who was engaged in it. but i don't fault anybody for not being able to figure that out in the next 15 minutes. i think it's a tough job. and the intelligence community is probably doing about as well as they can do. jenna: secretary rumsfeld, it was nice to have you and your insight. we appreciate it very much. >> good to be with you. thank you. jenna: thank you. jon: remember president obama's campaign slogan the first time around, hope and change? now governor romney seems to be taking up the mantle of change. why the role reversal?

will the strategy work? we'll take a fair and balanced look at that. volcano watch as lava bubbles up. the incredible video and why this eruption is so different. that's next. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. jon: just in, the suspect in a georgia church shooting is in court today. we told you about it around this time yesterday.

rick folbaum has the latest from the breaking news desk. >> we're following this in the newsroom. this is literally going on right now, jon. the first court appearance for the man charged with the shooting at the megachurch yesterday morning, 51-year-old floyd palmer, facing murder charges accused of walking into the chapel at the world changers church international in college park, georgia, and opening fire. 39-year-old church volunteer was killed. greg mcdowell his name. palmer once worked at the church which is one of the biggest in the country and led by well-known founder, the reverend creflo dollar. reverend dollar was not at the church when the shooting was took place. court records show palmer was institutionalized years ago. we'll keep up to date. jon: rick folbaum in the newsroom, thanks. jenna: we're turning back to politics. we're taking a live look at governor romney in just a moment here. he is speaking at a rally in cincinnati.

both candidates know how important ohio is this year. they need every vote they can get. 200,000 students living in the battleground state making them a very key voting bloc. "real clear politics" pole average in ohio, shows president obama leading by just a few points there, very close. 18 electoral votes in ohio up for grabs. without winning either, if either candidate doesn't win they both have a very uneasy path to victory. so it is crucial for both candidates. steve brown live on the campus of ohio with that very important voting bloc among the students, steve? >> reporter: hey there, jenna. yes about a quarter of that number, about 55,000 attend ohio state university, and we all know the story of 2008 where president obama swamp the youth vote and got himself into the oval office. well the next oval office occupant will likely depend or may hinge on these young voters. have a listen. >> we know what is at stake. this election and we know that we're out on the oval

every day. helping people get the word out. they know the importance of this election and they know how much the president is fighting for us. >> reporter: that is why three times a day here at ohio state there are us abouts that transport young people, mostly college students down to the local election offices to be able to cast their votes early. this constituency, is critical in ohio, and in the campaign for the president, in a couple of ways. >> both to get young voters to prefer obama over romney as much as they prefered obama over mccain in 2008. that is going to be a hard target to achieve. and secondly, to make sure those who do prefer obama actually vote. >> reporter: and there is some work to do for those folks that want to see the president re-elected here on college campuses. in the ohio state neighborhood, in all of the wards that make up ohio state here in the city of columbus, the last go around, there were almost 6,000 early votes. that is what the campaign

has been stressing. to date in this election, in this very same wards, there is about half that number, 3,000. so there is some work left to do for the obama campaign. the student leaders running the campaign show, if you will here at ohio state university are confident they are going to get there but they're not there yet and the president needs them to perform to win the state of ohio. jenna? jenna: steve brown live in the very important state of ohio. steve, thank you. >> look, if we're going to see a real recovery and see that kind of direction we're going to have to have real change and unfortunately we have a president today who represents the status quo. his campaign slogan is forward. that doesn't suggest changing, does it? jon: that is governor romney picking up the mantle of change and running with it. remember four years ago it was president obama, then can date obama who said he was the candidate of change. now he is sticking with, who do you trust strategy. will this kind of role

reversal work for governor romney? let's talk with angela mcglowan, fox news political analyst and marjorie clifton, a principle in clifton consulting. marjorie, i want to read a quote from president obama in and yud answer in ohio. there is no nor serious issue that trust, trust matters. i know me. i mean what i say and i say what i mean. he promised unemployment would be at 5.6% right now. if we pass the stimulus. he promised things like immigration reformerly in his term when he had democratic control of the congress. those things didn't happen. why do we twrust this president? >> look, what we've got two candidates who frankly on many of their policies are trying to appeal to independents look very similar on paper. differentiating themselves it has become a trust campaign. and when you talk about flip-flopping between campaign slogans, campaigns, republicans and democrats

have been swapping out this idea of change in their campaigns for over 50 years. jimmy carter was actually america needs a change and we had, walter mondale and said, it is time for a change. so this change theme keeps coming up and up. so i think in some ways the campaigns have become very safe. you look at the polling, it is so tight right now. and what they think will appeal with voters is not really that original. i love it when you go back in history. look at herbert hoover and look at harding a chicken in every pot, a car in every garage. with harding it was cock cox and cocktails. he was running against james cox. it was prohibition. >> today is different. one thing to walk the walk and talk the walk. obama is a great orator and gives a great speech. his phrase "romnesia." we've lived in obama nation for the last four years and the i wills of our society runs deeper and deeper.

we're in economic quicksand and when governor romney worked with an 87% democrat house and assembly state senate he had to reach across the aisle with an extended hand, not a clenched fist. he actually walked the walk. when it comes down to trust and true change, to get oust out of this economic quicksand it will be president romney that will make it happen. jon: it is, marjorie, it is coming down to the economy don't you think? when people go into the voting booth they're going to say i think mitt romney can fix this economy or i trust president obama, i guess to do what he said he was going to do four years ago. >> yes, you're right. when you look at polls, think about what voters really want, they do care about the economy, doesn't matter who they are. but what we're seeing in the polls is actually that voters are sort of torn. they have actually, on the economy alone, see both candidates almost on even ground. and as we talked about and as we're talk back all the net, would it will be a --

networks it will be a ground game in the swing states. it is personal touch to the candidate. do we trust obama can continue to move the economy forward. >> but he hasn't moved it forward. he hasn't moved it forward. >> unemployment numbers, if you go back to where we were four years ago, has been pointed out in debates has move forward. we are making progress. the question is can romney given his economic plans move us forward as well? comes down to the critical voters in those few places and really whether they connect with the independents. >> quija board politics will not work anymore. hope and change will not work anymore. moving forward. >> romney is using change. he might try a new sleg began. >> not talking about hope and change. he will talk about he will do. obama is still blaming. "romnesia"? what is that in people want results. to get independent vote people want solutions i believe mitt romney will be successful doing that. >> i think the question is terms in trust of romney,

where the obama campaign is going pointing out the flip-flopping and the different policies and is he going to be consistent if he does come in as president of the united states. >> mitt romney reached across the aisle and balanced budget every year when he was governor. he had to work with democrats. >> this is very different -- >> candidate obama said he would change washington, d.c. as know it and our country is more divided than ever today. >> this is something as country we need to look at. this is very different congress coming into the election. it will make it a challenge with whoever ends up in the white house. this is not the same congress we had during the bush administration and clinton administration and during some of our, it does take a unified congress. >> right, it does. >> to move us forward. jon: we'll see which slogan wins out in two weeks. >> i want to go back to the cocktails. jon: are we going to change? thanks very much, angela mcglowan, marjorie clifton. thank you. jenna: ouija board, have you ever played it? jon: i'm not a quija board

kind of guy. jenna: very interesting concept. lots to talk about with the presidential race dominating the news as we all know. we're in the final stretch. we'll be in the final stretch the next 12 days. time and time again. the future of the house happenings for the balance just like angela and marjorie were talk back be. jon: let's ask the magic 89 ball. jenna: will republicans maintain house. what will congress look like. nature's amazing spectacles. we'll tell you where the eruption is takes place and why experts say it is real, real special

jon: right now some incredible video from hawaii's big island to show you. take a look at this. kilauea erupting in two separate craters creating a rare lava pool during the hawaii stroll cain know's national park. no structures are threatened and this volume came know is

not any stranger to eruptions. the lava is rising from the crater's floor promising to be quite a sight when it reaches to the surface. jenna: very cool. less than two weeks to go until election day. there is lot of talk about the presidential race we need to make sure we continue to watch what's happening in balance of power in the house. republicans hold the edge there, 240 seats. democrats 190. there is lot of speculation who will control the house going forward. right now the crystal ball finally says that they believe it is going to remain in republican hand. they're going to retain the house. kyle condit, political analyst from university of center for politics behind the crystal ball. kyle, why the confidence republicans will maintain the majority? >> so for many months now it looked like democrats would look up somewhere in the mid-single digits in house seats. that really hasn't changed all that much now for months.

so you know, with 12 days to go before the election just doesn't seem to be the wave building that we've seen in the last couple of cycles that would tell us that the democrats have a shot to take the house. and so democrats are probably gain seats. they may even gain double-digit seats but they need to take 25 seats to win the house and i just don't think they can do it. jenna: as you look at some swing states we were talking so much about, like ohio, like new hampshire, do you see any indication by the way the house races are going for which way that state is going to vote for the white house? >> yeah, i mean, there are some, you know, new hampshire, ohio and iowa are all heavily contested states and there are some house races that may go the way of the presidential race in those states. democrats could very well pick up some seats there. even if they pick up seats in those places it is probably not enough to actually win the house. jenna: kyle, in 2010, when we had all these elections for the house, the tea party was a big movement that really influenced the way,

and personality of those in the house was. what was the choice of the american people? a lot of it was these new, these new politicians, these new tea partiers. what do you think is going to define the personalities or the character of those that are entering in 2012? is it similar tea party candidates for republicans? is there something that defines the democrats? what are you seeing? >> i don't think that the tea party brand has been played up as much in this election. obviously i wouldn't call mitt romney a tea party candidate. i think that romney's personality has kind of maybe trickled down to some of the house races. a lot of house candidates in more moderate areas aren't really taking on the tea party label. but, you know, i think that the house, republican leadership is pretty conservative at this point. i think we should probably expect to see a fairly conservative house even though there may be some members elected in 2010 tacking more to the middle as they face their first re-election challenge. jenna: it will be very

interesting to see how all the dynamics come together. kyle, thank you very much. great to have you today. >> thank you. jon: well, in some parts of the country gas prices are falling and going fast. now an expert says, we could start seeing prices under three bucks a gallon. also, new information on possible voter fraud in a key battleground state. the son of a congressman in hot water, caught on tape giving some questionable advice as to how to get around the rules. >> you've got names and address. that's the best bet. >> but you need -- look at the law. >> okay. >> utility bill something like that. [ female announcer ] food, meet flavor. flavor, meet food. it's time for swanson flavor boost. concentrated broth in easy to use packets. mix it into skillet dishes, for an instant dose of...

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jon: gas prices could be headed south of three bucks a gallon. rick folbaum has details from the breaking news desk. rick? >> jon, prices are cheaper but certainly not cheap. that is the best we can say about gas price around the country where the national average is still $3.63 a gallon. that said, it is 30 teen cents -- 13 cents cheaper than a week ago and back where george w. bush was still president back in '08. if you live in middle of the country chances are you paying way below the national average. prices in california and states like new york, you into jersey, connecticut have driven up the national average. aaa predicts prices will keep falling 3.40 by election day. good news for folks hitting the road for thanksgiving day holiday. we're saving a little bit at the pump. we'll watch. maybe it will go below $3 a

gallon. back to you. jon: thanks, rick folbaum. jenna: brand new development in the voter fraud investigation in virginia as the state's attorney general now expands a criminal probe. meantime one. democratic congressman who called for the justice department to get involved here, now his campaign has been hit with a voter fraud related scandal of its own. eric sean is live in our new york city newsroom with this story. hi, eric. >> reporter: the dumping of those voter registration forms in virginia is being investigated by the state's attorney general. the suspect in this is 23-year-old colin small. he worked for a state republican party contractor and is charged with destroying some completed forms by dumping them allegedly into dumpster in a shopping mall. three democratic virginia congressman demanded a federal investigation into all this. they claim it may be part of a widespread republican plot. local sheriff said it appears what happened was not widespread. he said, but limited. virginia attorney general ken cuccinelli is now investigating and says he

will protect the election's integrity. >> the attorney general's going to do everything that he can to keep their vote secure, and to make sure it is not diluted by illegal voting and also to protect their ability to get in there and cast their own vote by protecting their registration which is what is at stake in the case we've been called into. >> reporter: turns out one. those democratic politician for call the federal probe, congressman james moran suffered a embarrassing political set back of his own. his son, patrick moran, resigned from the campaign after he was caught on tape apparently advising how to commit voter fraud. he was he is creately video recorded by james o'keefe's conservative group vary taos. i eventually gave tips like forge i.d.'s like utility bill to illegally cast ballots to people he was told were not going to show

up to the polls last month. there will be a lot more on this case. it is being criticized by some but the associated press says that moran claims he was not taking the person seriously. he thought he was unstable and joking. and he says that --. jenna: thank you, eric

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[♪...] what. >> hello, everybody. a brand-new our ahead for you. it's all going to come down to the economy before the election. do the voters think of a better plan to get things moving again. an in-depth look at both candidates is straight ahead. also as we look ahead at the timeline. in response to rescue the four americans that were killed. and breaking news in the case of the young girl murdered in colorado. her teenage neighbor has been charged. now we know how the young man will be treated in the court. all of that as the second hour of "happening now" starts right

now. jenna: the candidates are pushing hard in the battleground states. leaving a stone unturned. i am generally. jon: and i am jon scott. another grueling day on the campaign trail. president obama hitting up for state. governor romney is making another major push in ohio. the white house taking him across the buckeye state. chief political correspondent correspondent karl cameron is live in cincinnati. how is governor romney trying to sort in those arguments? reporter: there is a lot of talk about. the other thing that most matters in the final 12 days is the rhetoric that mitt romney imparts to voters in what was on the tv ads in order to spread

the message person-to-person. every single rally is about trying to get more and more people to the polls. and so, to come are the slogans printed on being revealed today as an argument over what romney does go describes as the status quo the obama administration. a stagnant economy, absent growth, and his big change. he said it today on the health care on energy and on the economy. status quo, obama administration, big change, romney administration. as we get down to it, jobs and the economy. that is what the focus has been on. listen to a little bit of mitt romney from earlier. >> for the last year and fortovase, three presidential debates and one vice presidential debate on the president has been looking for a plan. he has been looking for someone to help the gentleman i spoke about. some of it held the 23 million people that i are out of work

really hasn't been able to define what is going to do to make america strong going forward. i have. i have a plan that will create 12 million jobs and i will help that man who needs a good job. reporter: romney is an all-out sprint the next couple of days. recognizing that the buckeye state is important to his victory strategy. we are told that there are multiple days with three events today, sometimes three states. very impressive. mitt romney announced today that he also has a spike in the polls from the debate performance and also from the fund raising rates in the debate come as part of the debate him he was able to raise $111 million in the first two weeks of october, in combination with the rnc. another side showing that his debate performances turn this debate in his favor. obama-biden only 41%, and mitt

romney and paul ryan at 47% for the rasmussen poll. jon: thank you. jenna: the president unveiled a new plan to create jobs in his second term. he is holding up the booklet. a 21 page booklet. some are saying it doesn't go far enough. but this is something that the president wanted to unveil at this time. taking a look at this time of the economy remains the dominant issue for voters. topping the list of most important problems, what about the president's new plan? our next guest doesn't think much of it. the plan reports first to be a plan from a second to outline a second term agenda. distinct from his first-term agenda. it fails on both counts. it puts together his ill bullet points. part of it is largely devoted to nice pictures of the president.

rich, why not? you map it out there. but a lot of folks were criticizing the president for not being more direct. there is a lot of small print here, as well as the pictures. why is this not a good idea? >> most of it is just repackaging things that he talked about already have done. the forward-looking proposals are either very small or very vague or both. jenna, i think it is a real desperation that he felt he had to cobble this thing together and release of 14 days before the election. if you are running as president of the united states for a second term, people want to know what you're going to do in your second for years. the biggest mistake of thinking it could all be about killing and destroying mitt romney. what people really want to know, while both of these guys stand for, pollsters and strategists have been pointing this out to the obama campaign for weeks now. finally, it got through.

going back to karl cameron's report before i came on, this is why the most important message from me right now is obama represents the status quo. the obama campaign realizes that god. jenna: they are worried about the economy and also about the country. it shows just how worried they are. both president obama and governor romney have made promises. governor romney singh 12 million jobs. why should we believe either of them? reporter: i'm skeptical of how many jobs they say they're going to agree. but i think you can tell the general direction of the policies. what mitt romney is talking about is scaling back on regulations, doing everything we can to unleash the incredible energy boom that has become in this country.

and also giving long-term debt under control. i don't know how many exact offsets were to create. honestly, i don't think anyone really knows. but i do think that is conducive to job growth. we have already tried the president's agenda, and it has been lacking. jenna: here is something to the president is doing, and it could be look at the broader strategy. he had this interview in iowa that this was to be off the record with the des moines register. there was criticism from the newspaper. the president said that he was very blunt and he is going to run a second term because the hispanic vote. something is going to do right away his overhaul the nation's immigration laws. he talked about his bargain with republicans. this late in the game, how effective are some of those promises to voters out there that may still be undecided and think that immigration thing sounds pretty good? >> i don't think it's effective at all.

i think latino voters have to be thinking this is a football sort of issue again. it may be difficult for him to keep his promises. the secret sauce is serious enforcement. then you have it under control. then you can look at a comprehensive solution and see local and political movement on both sides. everyone knows thesauruses entitlement reforms, it is the most serious driver of the dead. it is a disgrace to not tell people what your plan is, and then tell the des moines register, oh, yeah, but i'm going to have a great deal six months from now. if you're coming in six months, tell us what your specific ideas are for dealing with medicare, medicaid, and social security. he doesn't want to do that because it will take away from his demagoguery two weeks before the election. jenna: who knows what either

side will pop up with between now and then. we look forward to having you back as always. thank you. >> let's turn now to the latest on the investigation on our consulate in libya. wives of four americans. some are criticizing that response saying that moore could have been found to protect those on the ground in benghazi. jennifer griffin is following this story. she has brought us some of the timeline. she has more information for us now live at the pentagon. reporter: hello jon. let's talk about the assets and what was utilized. there was a quick reaction that was made up of about eight special operators in tripoli.

they removed to benghazi. but they did not arrive until late into the evening. they were able to help out a second location, the cia and asked him if you will. the second location after the consulate was hit. a quick reaction force that is already out that cia and ask about six special operators moved over to the consulate within the first hour of detected the attack began at 9:40 p.m. after about an hour, firing at the consulate was finished, and they were -- that quick reaction team is taking the five members of chris stevens team when they got ambushed on the way back. when they got back to the annex, they came under fire for several hours, finally at 4:00 a.m., six hours and 20 minutes after the initial attack on the consulate, glen doherty and tyrone woods were killed were manning a

machine gun on the river. at that point, they decided to evacuate the annex and head to the airport. there was also a group of special operators in central europe that was moved to southern italy at the air force base there. they removed and put into position. f-16s and other airplanes and apache helicopters, they remained at the airbase. they were too far out of range to help with the initial consulate attacked, we are told. a group of marines of about 50 of them moved from spain in the first hour of the attack. but they stayed in tripoli to protect the embassy there. they never made it there. then there were the two navy destroyers moved off the coast of libya, but they were never used either. so there was some movement, there were some quick reaction forces. but none came from outside of libya. >> i wonder what they're saying about that mortar shell that landed on the roof. as you say, it took the lives of

the two former navy seals. that is heavy stuff. that is not the kind of thing that a bunch of protesters bring to a protest. who has mortars and backcountry? and what is the thinking about who is behind not shot? >> i think the military and intelligence perspective, there was no doubt within the first hour of the attack that they were taking mortar fire coming there was a sophisticated military attack by a militia. it was not a protest. there was no doubt about that in the intelligence community. what i think surprise them, they thought that the second location, the cia annex was a secret location. they were surprised that when they rescued the group from the consulate without the ambassador, that when they got back there, they began taking almost immediate fire for several hours. ak-47 fire, rpg's, although militia in libya would have access to that.

they were able to see in real-time across washington, they can see could see in washington what was happening in real time. what was happening at the consulate and possibly at the amax. jon: so many questions left to answer. jennifer griffin, thank you. so who made the security decisions before and during the attack? coming up, we will speak with four-star general jack keane and ambassador nick burns and get their takes. the two just in time for halloween. a monster of a storm, and her name is sandy. why she could become a very big problem for the east coast. also, this small business owner asked the president about economy and small businesses in 2010. is he satisfied what he is seeing right now. we are going to bring him back and talk to him live.

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jon: right now new questions about our military response. or lack of response to the deadly attack on a consulate in libya. an attack that lasted more than six hours from some experts are wondering why some of our assets like f-16 fighters in italy were not dispatched to help the americans under attack in benghazi. let's talk about it with general jack keane are you a retired army four-star general and a fox news analyst. also joining us is nick burns, former ambassador to nato. let's go back over what jennifer griffin was talking about. we have some illustrations of this. we know that there was a special operations team not under the defense department control,

possibly under the control of the cia. they were dispatched from tripoli to benghazi. there was also a fast team of marines out of spain that was sent to triple-a. jennifer tells me they generally handle embassy security and security of information there. there was a special operation forces central europe. the airbase in southern italy. there were f-16s and apache choppers in northern italy. but they were never dispatched. and there were two navy off the coast of libya. they were put into position, but they were not used either. general keane, i know you're reluctant to say that there were mistakes made. but it does seem like something could have been done in a military way that might have saved some lives for prevented the severity of this attack. >> we know that the security was totally inadequate. we are not talking about that. we are talking about the response. i think this criticism is

second-guessing at its worst and suggesting that people should be fired from their jobs. we don't know the facts. but what we do know is that the response was pretty good. look at what happened. we have an attack and within that timeframe, a response from the annex came down. to get into those fights and rescue those that were still alive -- they took him back to their annex and brought them into a firefight in ambush to get back safely there was another response force that was sent from tripoli that did get to that annex and was able to export those escort those people who are still alive, safely back to the area so they could get out of there. that is pretty good response. >> he worked at the state department, ambassador burns. the general is saying that the security beforehand was

inadequate. do you agree, personal? >> well, i agree with a lot of what general keane said about the response and the public response of the people in place. my view on this whole problem is that we all have to ask tough and serious questions about what happened. it was a catastrophe for the united states. but i also believe based on my own time in government that we cannot possibly know. all the information that was available were not available to decision-makers in washington and in tripoli of the embassy during that terrible night. so i really think it is appropriate to keep politics out of this, to keep this out of the situation. let him do his job. it is impossible for us to try to reconstruct it if we don't have all the information right in front of us.

jon: general keane, hear what you are saying about you don't want to react too quickly and you don't want to react in the wrong way. but i have been under f-16s when they are flying at low altitude and that is a frightening thing. why not just send one of those planes and to make a low pass over the area? >> we don't know the facts to make that kind of decision. let's just surmise a couple of things. we are going to use noise to intimidate militia groups that have been dealing with aircraft overhead constantly. i don't believe it would intimidate them. are we going to fire outside the walls of the annex? of the people who are trying to get inside? you probably had people in the community watching this thing. i suggest that we just put this to rest. that we stop all this speculation about what weapon we could have used.

we just don't have the information to make that kind of judgment. we don't even know what the leaders of the annex were saying to others above them in terms of what their needs are. we don't even know they were asking for something like that. jon: defense secretary rumsfeld had some thoughts on that. i will play that for you after the break

jon: returning to our conversation about the military response or lack thereof to the attack on our consulate in benghazi. once again with us, general jack keane, a retired four-star army general and nick burns is her former ambassador to nato. the thing that comes to mind for both of you is what happened on 9/11 2001. obviously, the world trade center was attacked. flight 93 went down in pennsylvania. and it was 27 days later that we

saw a military response. we started dropping some of the first bombs on afghanistan. forty-nine days later, we had boots on the ground. this attack on our consulate at and 44 days ago. to this point, nothing has happened. i guess that you have to figure out who is responsible, but it does seem like time is wasted here. >> well, i think that is unfair to think that we, on the outside, can know everything that president obama and his team are seeing. honestly, they have to identify the people who produce this terrible catastrophe and they have to go after them. the president said today the day after the attack that they would do that. he has been tough as nails against terrorist groups. he has gone after al qaeda in the afghan pakistani border. he has gone after them in yemen as well as in somalia. this is a president that does not back down from a threat.

i really think that our attention should be turning to supporting the state department and fortify the embassy and that means that congress needs to fully fund embassy security. it has not done that the last two years. i agree with you that we certainly have to go after these terrorists. but obviously, when we can identify who they are and where they are in a way that we can strike effectively, but i would not doubt president obama mess. he has been a strong defender of american security. >> someone else who agrees with you regarding the military response, perhaps ironically is secretary donald rumsfeld. he told jenna earlier in the hour that he doesn't quibble with the fact that we have not gone after this al sharia group in response to the attack. but he did say this about the present policies. >> it is the pattern in general posture over recent years of

suggesting that we should leave some behind. do we want to others to have this? >> again, this is the president who has used force in a very big way to go after enemies, including taking out osama bin laden. i think it is unfair to say that somehow he is leaving from behind. president obama, as you well know, has never used those words. those words were used by unidentified obama administration official in one newspaper article. the administration has repudiated that phrase. it does not accurately describe what this administration has done as far as foreign policy goes. it will probably say i'm not part of either. i served and i just think we should be fair. in a way of trying to size up the president's policy.

>> you think the time is coming or will come for a military response what happened in libya? >> i think that our intelligence services are working overtime. we will wake up some morning and find that some of these leaders on organization have probably been struck as a result of good actionable intelligence. secretary rumsfeld, in general, you know, i totally agree with him. i believe the unstated policy of this administration is disengagement from the middle east. as a result of that, al qaeda is on the rise. that is indisputable. twice his size and one you're since we left iraq, syria is trying to influence this transition that has taken place from an authoritarian dictatorship. honestly that is a harsh reality. this policy that we have of moving away and not staying engaged in helping to shape events we should be doing, i'm not talking about military force. i'm talking about it being a

failed policy. i would like to see recessed. >> general jack keane, and ambassador burns, great to have you both on. >> thank you to think you. jon: all eyes are now on hurricane sandy. forecasters are warning it could turn into a monster storm on steroids. what you need to know now. even before the weekend. that is coming out. also, how the economy is affecting small business. we will give an update am a businessman from virginia who had thoughts to share with president obama two years ago. >> i'm too busy working to understand until you fix the economy. what i like to do is unelected affection [ female announcer ] beef, meet flavor boost. flavor boost, meet beef. it's swanson flavor boost. concentrated broth to add delicious flavor to your skillet dish in just one stir. mmm! [ female announcer ] cook, meet compliments. get recipes at flavorboost.com.

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and you never need referrals. so call now to request a free decision guide and learn more. after all, when you're going the distance, it's nice to have the experience and commitment to go along with you. keep dreaming. keep doing. go long. jon: an extreme weather alert now. east coast get ready. hurricane sandy is battering cuba right now. it is already a deadly storm and heading towards the u.s. as sandy moves up along the east coast it could combine with a winner storm and turn into something people are calling a franken storm. rick. >> i didn't know that is what people are calling it. jon: that is what some folks are. >> it is moving across areas of south florida. we'll feel impacts of that first. because of that we have tropical storm warnings and watches across the eastern

shores of florida. that is much of the day tomorrow, winds, 40, 50 miles an hour. we'll see three to five inches of rain across the coastal areas. that is tomorrow. as we move into the day on saturday the storm pulls up here and gets kind of close to the outer banks. we'll see a lot of heavy surf and lot of beach erosion toward the south. but this future radar, that is the trough we're watching and move and make this storm combine into a bit of hybrid storm. remember the perfect storm back n 1991, that kind of an event but possibly a much stronger storm than that this is what latest models are showing, the latest in the track. it is pulling it back toward the coast. it is atypical for this storm to make this kind of direction. we have high pressure blocking across parts of the greenland. it will not let the storm move that way. it will move toward the west. somewhere from boston to d.c. dealing with impact. we're talking about a big area that will get it here, jon. 80 to 90 mile-an-hour wind for lot of people and longer

duration storm. a lot of rain. a lot of coastal flooding and a lot of beach erosion and damage done by the storm. jon: keep gas tanks filled and stock up the pant tri. rick mike muth, thank you. -- rick reichmuth. jenna: the frenetic final push in the race for the white house certainly begun. the candidates focusing on a few battle ground states, hoping to grab the final votes as they see a path to victory whatever path they see. we look to wisconsin. folks of that state picked the winner in five of the last eight presidential elections. here is a look at wisconsin, when you look at unemployment rate in wisconsin, right around where with the national rate is. as far as visits from either candidate the president is spending more time in wisconsin than mitt romney. as far as electoral votes, also very key here. remember it is about these votes, you see 10 for the state of wisconsin. polls right now are showing the president slightly up

from mitt romney. bringing in now with us, craig gilbert, washington bureau chief and national political reporter for the "milwaukee journal sentinel". craig, let's talk about ground game. who seems to have the most effective ground game in wisconsin? >> i think wisconsin is a state where both sides have really proven they can turn out their vote. i mean our recent history and our long history as a state is one where people turn out to vote and, if you look at 2004, particularly, in 2008, and the recall fight of 2012, we have had elections where republicans and democrats have really maximized their vote. so democrats have a great ground game but republicans have shown probably more than in most states that not only is their base motivated but they know how to turn out their vote as well. jenna: it is interesting though, wisconsin was not even competitive in 2008. a short four years ago. you mentioned in a recent article really wisconsin and

ohio are sort of tracking together. explain that and why you think that is significant for this rice. >> yeah, there has been some kind of interesting trend the past couple years where some positive indicators for republicans in wisconsin. certainly they have won a lot of elections in the last two years. you've got paul ryan on the ticket. and some positive indicators for democrats in ohio. they won their labor fight. they lost it in wisconsin. the economy has been better in ohio. obama has been probably, his strength has been a little more consistent than some people expected in ohio. so that brought these two states together. 2008 was kind of an aberration. the size of obama's victory in wisconsin was not typically where wisconsin has been, which is much more after 50/50 state, much closer to the national average. so they are tracking closely together. wisconsin is a little bit more blue than ohio. these states could go the same way. they could split. and for, for both sides, i mean, democrats have always

needed wisconsin in their column. for republicans, you know, if they don't win ohio they have to put together a combination of states that really does need to include wisconsin. jenna: very interesting. gives us all the more reason to watch, craig. great to have you back on the program. we look forward to having you back with us. >> anytime. jon: now this fox news alert. lines at the unemployment office getting a teeny bit shorter. new claims for jobless benefits falling 23,000 from the week before to 369. our next guest is a small business owner who had the chance to ask president obama about the economy and politics two years ago. >> i'm too busy working to understand how to tell you how so fix the economy. so what i like to do is elect an official and send him to washington and have all you smart twice figure that out. returning to done's question we didn't get all the way through, a young person can recognize it and i certainly recognize trying to build a team in small business.

>> right. >> is there hope for us returning to civility in our discourse, to healthy legislative process? to something i can trust so as i strap on the boots tomorrow morning i know you guys got it under control? jon: so how he is doing today? let's find out in our weekly series, spotlight on small business. scott turner, owns the true timber tree service in richmond, virginia. scott, you seemed to be asking the president, and it was just about exactly two years ago, about the civility in washington. what do you think about the civility of this campaign to this point? >> the civility in washington i've seen very little change on. first, thank you so much for having me back on. seems like so long ago. i was very hopeful we would see some kind of change in the civility in washington. you know, it is hard to fix blame on any particular person. might be more than washington can fix. you know, we might have, might be up to us, the people who keep sending

uncompromising humans there to do that job, to decide whether we want legislation that reflects the few or legislation that reflects the many but get legislation that reflects many we'll have to send representatives to washington work, knot fight for ideals. jon: you're fascinating. your background is so fascinating to me. you're a navy veteran. you have a masters in fist i can is. you dish physics. you taken all of this combined it into couple businesses including the arborea business. >> that's right. jon: helping people with their tree problems. you have a sports company. how is it going in terms of running a couple of small businesses for you right now? >> you know, we worked so hard with both businesses to blend ourselves in with our community by acting in a wholesome way, by taking care of our people, by taking care of the earth around us, by being involved in the community.

i feel like we're so meshed with the community, with the fabric there, even washington couldn't rip us out of there or even cable news couldn't rip us out of there i think my bond with my community is strong and always interests me looks like such a civil war on tv between the right and the left when in community we can knit ourselves together nicely without any help. i think that is what made us succeed even though the economy has been down. we've tried to maintain a valuable place in our community and that helped us survive the hard times. jon: but are you growing? are you thriving? >> we are growing. the tree business is thriving. and we are suffering from gas price increases. and so far i have decided to sort of not make the clients pay for that to help ride out the storm with them. so our profitability might be down a little bit but we're growing in size. the outfitting business is doing really well as well. in richmond which have a wonderful natural setting. we were just voted one of

the best outdoor towns to live in. so a lot of people maybe are doing staycationcations and working with outfitter and going on rafting trips. jon: what about the banks? have the banks helping you out? >> the banks are very difficult in this process. i terminate adlong term major relationship with a national bank who i was with eight or nine years who suddenly decided i was not a good bet. even though my paints had been there even though they made a lot of money from the reliability of my business they decided they didn't like the formula of next thing i was asking for. i did have to go to, switch all of my banking to a small local bank that knew us and knew how valuable and good investment we were. jon: you said good-bye to the big bank. we have to say good-bye to you, scott. congratulations to you. maybe we'll see you running for office. that's what jenna things. jenna: i want to vote for scott turner. jon: nice. >> thank you. jon: scott turner. thank you very much. mr. turner goes to washington. jenna: we'll check in with scott. friend of the show.

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jenna: now to the fox news alert out of colorado where we're getting word of a possible confession in the murder of 10-year-old jessica ridgeway. this comes as the suspect, he is 17 years old. makes his first appearance in court. police say he first admitted he kidnapped and killed jessica to his mother. dan springer live in golden, colorado with more. dan? >> reporter: jenna, 17-year-old austin sieg made a brief court appearance t was very short. he was there for a brief time. charges were not officially entered. we expect that to happen on tuesday when we expect him to be arraigned as an adult on multiple charges including first-degree murder. his mother was also in court

today. it was her phone call to police tuesday night that triggered the arrest. her son reportedly confessed to kidnapping and killing 10-year-old jessica ridgeway as she walked to school. according to our fox affiliate in denver, police found body parts in the crawl space under his home. prosecutors also said in court today that there was a match between the suspect and dna found on jessica's body and her backpack. >> charges are forthcoming. charges will be filed within the next couple days. and then we start a different process. this is a, continuing investigation. and, certainly we are still focused on the integrity of this investigation. >> reporter: he reportedly confessed to forcing jessica into his vehicle, tying her up and then strangling her to death. her dismembered body was found in an open space five days later. he lives about mile and a half away from where jessica's home was and

couple of blocks where there was attempted abduction after 22-year-old jogger back in late may. he iss being charged with that crime. the 17-year-old is a student at local community college with where he is studying to a mortician. he won second place in a statewide competition on crime scene investigation. fellow classmates say he is shy and bright but had a fascination with death. jenna. jenna: so sad. dan, thank you. jon: all eyes are on the tropics right now, watching hurricane sandy make its way towards the u.s. east coast. what kind of impact can we expect? pay attention. bob... oh, hey alex. just picking up some, brochures, posters copies of my acceptance speech. great! it's always good to have a backup plan, in case i get hit by a meteor.

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jon: can microsoft slow the momentum of apple? there's a lot riding on the latest windows 8 software which hits stores tomorrow.

it is being touted as a radical overhaul from previous versions but can it save the pc from apple's growing market share? robert gray is with the fox business network. so can it? >> reporter:. >> well, jon, that is the big billion dollar question, multibillion-dollar question. after all the pc industry expected to show its first decline in sales in 11 years this year. so everyone in the pc business, and perhaps a few passers by as well anxious to see what will happen with windows 8. it is a radical redesign. they're going for more tactile experience like people have with tablets. you can touch the screen like a new hybrids or dell 27 inch screen unveiled behind me across the westside highway in manhattan. i talked to steve ballmer, the ceo of microsoft about the redesign and here is what he had to say in his own innim mittable fashion. >> if it alive with the news,

people, activity, my friends, my applications my web sites, things are changing in e-mail, in news. in sports. it is alive with activity. >> reporter: well he mentioned apps as in applications. a lot of critics noticed the dearth of apps available. i talked with app developers. they're taking a wait-and-see whether people will adopt windows 8 for tablets before they spend money to develop them. here is what ballmer had to say about that. >> we'll sell far more device, far more tablet devices that are tablet. far more devices with screens bigger than five inches, far more than apple, far more than google starting this quarter. a phone form factor is different. anything over a four or five inch screen, this will be the most popular app model in the world right now with the launch of windows 8. that is opportunity for the developer.

>> reporter: and, jon, of course microsoft unveiling the surface, its first foray into the nonxbox hardware that will compete alongside with hardware partners as well. we won't have to wait long for the verdict because it goes on sale tomorrow. early returns will come back in again. back to you. jon: if i get the new software for the old computer, will it work? do i need a new touch sensitive monitor for instance? >> no you don't. it is backwards compatible with all the microsoft applications. if you have other third party application it is may take a while for a fix. no doubt, we'll be watching closely to see any bugs being reported again as people start downloading it tomorrow for older machines. that will be a big question mark. jon: interesting. robert gray, thank you. >> you're welcome. jon: we'll be right back.

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jon: we are talking today about hurricane sandy. it is expected to go up along florida and the east coast. and it is going to push and toward the mainland. it will combine into a winter storm in what some people call a frenchman storm. this thing could be messy. jenna: it is interesting. i'm just looking at it. basically, some of the delays today have been in effect because of the storm. there are some real effects of the storm. jon: potential for 80 miles an hour wind hitting new yk